HomeMy WebLinkAbout930435.tiff RESOLUTION
RE: APPROVE JTPA MASTER CONTRACT WITH GOVERNOR'S JOB TRAINING OFFICE AND
AUTHORIZE CHAIRMAN TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado,
pursuant to Colorado statute and the Weld County Home Rule Charter, is vested
with the authority of administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Job Training Partnership Act
(JTPA) Master Contract between the Governor's Job Training Office and the Weld
County Division of Human Resources, commencing July 1, 1993, and ending June 30,
1996, with the further terms and conditions being as stated in said contract, and
WHEREAS, after review, the Board deems it advisable to approve said
contract, a copy of which is attached hereto and incorporated herein by
reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the JTPA Master Contract between the Governor's Job
Training Office and the Weld County Division of Human Resources be, and hereby
is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is,
authorized to sign said contract.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by///���the following vote on the 17th day of May, A.D. , 1993.
/ � A / /I BOARD OF COUNTY COMMISSIONERS
ATTEST: ri N � /P / WEL COUNTY, COLORADO
Weld County Clerk to the Board / x,,�.1„%e/7/Z-fZi.c.9L
onstance L. Harbert, Chairman
BY: /Lie2� 2�z EXCUSED DATE OF SIGNING (AYE)
'Deputy Clerk to the Board W. H. Webster, Pro-Tem
APPRO S TO FORM:
George E.
Baxter
County Attorny Dale K. Hall
A
arbara J. Kirkmeye
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MASTER CONTRACT
THIS CONTRACT, made this 5th day of May, 1993 , effective July 1 ,
1993 by and between the State of Colorado, represented by the
Governor ' s Job Training Office, hereinafter referred to as GJTO, or
the State, and Weld County, hereinafter referred to as the
Contractor.
WHEREAS, authority exists in the Job Training Partnership Act
(JTPA) of 1982, also known as P.L. 99-570 , as amended, and in the
Economic Dislocation and Worker Adjustment Assistance Act (EDWAA)
and the Governor has received a grant of federal funds thereunder;
and
WHEREAS , the JTPA (Section 101 [a] [II ] , requires the designation of
Service Delivery Areas (SDAs ) by the Governor; and
WHEREAS , Executive Order D0010 83 of March 15 , 1983 , has designated
this SDA in accord with JTPA: and
WHEREAS, required approval , clearance and coordination has been
accomplished from and with appropriate agencies ; and
WHEREAS, contract authority for Weld County resides in the Weld
County Board of County Commissioners ; and
WHEREAS , authority exists in the law and funds have been budgeted ,
appropriated , and otherwise made available and a sufficient
unencumbered balance thereof remains available for payment in Fund
Number 100 , Appropriation Number , Contract Encumbrance
Number ; and
-WHEREAS , the Contractor has selected the entity which will receive
and administer funds from the state in accordance with Section
104 ( b) ( 1 ) and ( 2 ) of the JTPA.
NOW THEREFORE, in consideration of the mutual promises hereinafter
set forth, the parties enter into the following agreement:
I. DEFINITIONS
A list of definitions to be used in the interpretation of
this Contract is attached hereto as Attachment 1 and by this
reference is incorporated herein.
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II. STATEMENT OF WORK
The Contractor agrees to perform, in a professional and
workmanlike manner, the obligations and responsibilities set
forth in the "Allowable Programs" , Section II .A of the
Contract.
A. Allowable Programs
A. 1 The Contractor and its administrative entity have
prepared a two-year Job Training Plan (JTP ) in
accordance with Section 104 of JTPA. The 93-94 JTP,
by this reference is hereby incorporated and made part
of this Contract as if fully set forth herein.
A.2 GJTO shall provide funds to the SDA for activities
pursuant to the approved JTP referenced in Section
II .A. 1 .
A. 3 In addition to the funds provided for the basic grant
activities identified in the approved JTP , GJTO may
provide funds to the Contractor for the following
other activities :
A. 3 . a Training programs for older individuals ( those
individuals 55 years or older ) , (Section 124 of
JTPA) ;
A. 3 . b Incentive grants for superior performance,
training and technical assistance for staff and
for serving hard to serve individuals ( §
202 ( 6 ) ( 1 ) (B ) JTPA, as amended ) ;
A. 3 .c State Education Coordination Funds and Grants
( § 123 JTPA) ;
A. 3 .d Training programs for dislocated workers ( § 301
and 302 of JTPA, as amended ) , as specified by
EDWAA;
A. 3 .e Services for groups with special ,needs and
exemplary models pursuant to joint agreements
( § 501 ( a) of JTPA, as amended ) ;
A. 3 . f Amendments and modifications of allocated funds
pursuant to § 109 and 202 ( b) of the JTPA,
provided to the contractor; and
A. 3 .g Other funds for employment and training-related
programs .
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A.4 GJTO shall provide funds for Summer Youth Employment
and Training Programs in accordance with Part B,
Section 251 of JTPA, if such activities are not
originally included in the JTP by the Contractor .
B. Maximum Funding
B. 1 GJTO shall provide the Contractor an amount not to
exceed One Million, Six Hundred Forty-Three Thousand ,
Two Hundred Eleven Dollars ( $1 , 643 , 211 ) of funds
awarded to the State of Colorado for activities
identified in Section II .A for the period of July 1 ,
1993 to June 30 , 1994 .
B.2 Funds authorized to be expended by the Contractor will
be limited to authorized funding received from the
Department of Labor or other sources . The authoriza-
tion to spend funds may be provided to GJTO in
increments . Therefore, GJTO shall limit the amount
requested by the Contractor for each Expenditure
Authorization (EA) to the amount in the GJTO Notice of
Fund Availability.
C. Expenditure Authorization Procedures
C. 1 Prior to the expenditure of any funds identified in
Section II .B above, an EA must be submitted by the
Contractor and approved by GJTO.
C. 2 An EA is a document prepared by the Contractor which
shall include the following:
C. 2 .a Type of funds identified in Section II .A of
this Contract, which the Contractor is request-
ing;
C. 2 . b The Scope of work to be performed by the Con-
tractor:
C. 2 . c Period of Performance;
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C. 2 .d A budget or budgets submitted on forms provided
by GJTO.
A separate budget will be required for each
type of funding received by the Contractor,
such as , but not limited to , those programs
identified in Section II .A above.
C. 2 .e Special Provisions; and
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C.2 . f Signature page signed by the Private Industry
Council (PIC) Chair, the SDA Director, and
GJTO; if the total amount of the EA is One
Hundred Thousand Dollars ( $100, 000 ) or more.
The PIC may authorize the SDA Director to sign
in lieu of the PIC Chair for EAs of One Hundred
Thousand Dollars ( $100 ,000 ) or less .
If the EA is over One Hundred Thousand Dollars
( $100 ,000 ) , the Local Elected Official must
sign in addition to the SDA Director.
The Contractor must comply with its own inter-
nal signature process. Should the internal
signature process be more restrictive than this
provision, it will prevail.
C. 3 The Contractor may include EA provisions (C. 1• and
C. 2) in its subcontracts. Upon approval by GJTO
of the Contractor' s EA policy and procedures for
its subcontractors, GJTO shall be a third party
beneficiary of such provisions . The Contractor
shall be obligated to GJTO for the enforcement of
such provisions .
D. Modification Procedure for EA Budget
The Contractor may modify the EA and its budget in
accordance with GJTO policies and procedures with prior
approval of both PIC and GJTO.
E. Property
To purchase property with JTPA funds , a Property Requisi-
tion and Authorization Form (PRAF) must be submitted to,
and processed by, GJTO. See Paragraph VI; General
Provisions .
F. Duration
The JTP shall remain in full force and effect for the
entire Contract period, unless changes in labor market
conditions, funding, or other factor require substantial
modifications as provided in Section 104 (c) of JTPA. Such
a modification would require an amendment to this Con-
tract.
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G. Annual Report
The Contractor shall submit an annual report by September
30 , each year as required by § 104 ( b) ( 13 ) of the JTPA, as
amended . The report shall include:
G. 1 A description of activities/services conducted during
the program year for Title II-A, II-C, Title III , 8%
and 5% Older Worker programs .
G.2 A list of client characteristics and the number of
each served;
G. 3 A list of occupations in which training took place and
the number of participants in each.
G.4 A summary of the SDA' s performance in meeting feder-
al/state standards;
G.5 Status of coordination agreements and description of
innovative coordination taking place which would be of
special interest to other SDAs , the Job Training
Coordinating Council, and the Governor;
G. 6 An evaluation of service providers which include
ability to meet performance goals , cost, quality of
training, and characteristics of participants; and
G. 7 A summary of the Contractor ' s monitoring of subrecip-
ient contracts , corrective actions taken, and the
results of such corrective actions .
G. 8 information on the extent to which the service
delivery area has met the goals of the area for the
training and training-related placement of women in
nontraditional employment and apprenticeships; and
G. 9 a statistical breakdown of women trained and placed in
nontraditional occupations , including information
regarding - -
G. 9 . a the type of training received , by occupation;
G. 9 . b whether the participant was placed in a job or
apprenticeship, and , if so, the occupation and
wage at placement;
G. 9 . c the age of the participant;
G. 9 .d the race of the participant; and
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G. 9 . e retention of the participant in nontraditional
employment.
If chantges in labor market conditions , funding or
other factors require substantial deviation from an
approved job training plan, the private industry
council and the appropriate chief elected official or
officials (as described in section 103 ( c) ) shall submit
a modification of such plan ( including modification of
the budget under subsection ( b) ( 6 ) ) , which shall be
subject to review in accordance with section 105 .
H. Exhibits
The terms and conditions contained in the PY 93-94 JTP are
by this reference, incorporated herein. Exhibit A,
attached hereto, is incorporated and made a part hereof.
Exhibit A - PY 93-94 JTP
III. PERIOD OF PERFORMANCE
The period of performance shall be from July 1 , 1993 to June
30 , 1996 .
IV. GENERAL PROVISIONS
The Contractor agrees to perform in accordance with, and to
comply with, the General Provisions , attached to this
Contract, and by this reference hereby incorporated into this
Contract.
V. SPECIAL PROVISIONS
The Contractor agrees to perform in accordance with, and to
comply with, the Special provisions attached to this Con-
tract.
VI. EOUAL EMPLOYMENT OPPORTUNITIES/AFFIRMATIVE ACTION
A. Equal Employment Qpportunity Requirements
The Contractor shall insure Equal Employment Opportunities
(EEO) to all individuals and shall take Affirmative Action
(AA) to insure adequate utilization of members of protect-
ed classes of workers who have been victims of past
discrimination.
EEO shall mean that no individual shall be excluded from
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participation in, denied the benefits of, subjected to
discrimination under, or denied employment in the adminis-
tration of or in any program funded under this section
because of race, color, or national origin, age, handicap,
or political affiliation or belief.
Contractors shall be governed by the prohibitions against
discrimination on the basis of age under the Age Discrimi-
nation Act of 1975 , on the basis of handicap under Section
504 of the Rehabilitation Act, on the basis of sex under
Title IX of the Education Amendments of 1972 , or on the
basis of race, color, or national origin under Title vI of
the Civil Rights Act of 1976 . Programs and activities
funded under this Act are considered to be programs
receiving Federal financial assistance and are all subject
to all provisions of EEO.
VII. CERTIFICATION REGARDING LOBBYING
By signing this Contract, the undersigned certifies , to the
best of his or her knowledge and belief, that:
A. No Federal appropriated funds have been paid or will be
paid , by or on behalf of the undersigned , to any person
for influencing or attempting to influence an officer or
employee of an agency , a Member of Congress , an officer or
employee of Congress , or an employee of a Member of
Congress in connection with the awarding of any Federal
contract , the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative
agreement , and the extension, continuation, renewal ,
amendment , or modification of any Federal contract, grant,
loan, or cooperative agreement.
B. If any funds other than Federal appropriated funds have
been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any
agency, a member of Congress , an officer or employee of
Congress , or an employee of a Member of Congress in
connection with this Federal contract, grant , loan, or
cooperative agreement, the undersigned shall complete and
submit Standard Form-LLL, "Disclosure Form to Report
Lobbying" , in accordance with its. instructions .
C. The undersigned shall require that the language of this
certification be included in the award documents for all
*subawards at all tiers ( including subcontracts , sub-
grants , and contractors under grants , loans , and coopera-
tive agreements ) and that all subrecipients shall certify
and disclose accordingly .
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D. This certification is a material representation of fact
upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is
a prerequisite for making or entering into this transac-
tion imposed by Section 1352, title 31 , U.S . Code. Any
person who fails to file the required certification shall
be subject to a civil penalty of not less than $10 , 000 and
not more than $100 ,000 for each such failure.
*Note: "All" applies to covered contract/grant transac-
tions over $100,000 (per OMB) .
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GENERAL PROVISIONS
I. LEGAL AUTHORITY
The Contractor assures and guarantees that it possesses the
legal authority to enter into this Contract . The person or
persons signing and executing this Contract on behalf of the
Contractor do hereby warrant and guarantee that they have
been fully authorized by the Contractor to execute this
Contract on behalf of the Contractor .
II. PAYMENT CONTINGENCY
The parties hereto expressly recognize that the Contractor is
to be paid, reimbursed or otherwise compensated with funds
provided to GJTO by the United States Department of Labor
under the Job Training Partnership Act (JTPA) and/or Economic
Dislocation and Worker Adjustment Assistance Act (EDWAA) .
Therefore, the Contractor expressly understands and agrees
that all its rights , demands and claims to compensation
arising under this Contract are contingent upon .receipt of
such funds and upon GJTO continuing to receive such funds .
If any part of the funds are not received by GJTO, for any
reason, GJTO may unilaterally terminate this Contract, or,
with the consent of the Contractor, modify the terms hereof.
Insofar as this contingency affects the Contractor , subreci-
pients or suppliers , for mutual protection of the parties ,
the Contractor agrees to include this contingency in all its
subcontracts .
III. TERMINATION
The performance of work under this Contract may be terminated
by GJTO in accordance with this clause in whole or in part .
A. GJTO may terminate this Contract when it has been deter-
mined that the Contractor has failed to provide any or all
of the services specified or failed to comply with any
Federal requirements or provisions contained within this
Contract. GJTO will notify the Contractor of such
unsatisfactory performance in writing. The Contractor has
thirty ( 30 ) working days , unless otherwise specified in
the notice, after receipt in which to respond with a
written plan acceptable to GJTO for correction of defi-
ciencies . If the Contractor does not respond within the
appointed time with appropriate plans , GJTO shall serve a
termination notice on the Contractor .
B. GJTO may terminate this Contract if it is determined that
the Federal or State Government has debarred or suspended
the Contractor within a three year period preceding this
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Contract, or debars the Contractor during the term of this
Contract, pursuant to 29 CFR 98 and 24-109-105 CRS .
C. GJTO may request a termination of this Contract for conve-
nience, giving a thirty ( 30 ) calendar day advance notice
in writing of the effective date of such termination. The
Contractor receiving notice shall be entitled to receive
just and equitable compensation for any allowable services
satisfactorily performed hereunder through the date of
termination.
D. GJTO may request in writing, a termination of this
Contract when both parties agree that continuation of the
services specified in Section II , Statement of work, would
not produce beneficial results commensurate with the
further expenditure of funds .
E. After receipt of a notice of termination, the Contractor
shall :
E. 1 Stop work under the Contract on the date and to the
extent specified in the notice of termination.
E. 2 Place no further orders or subcontracts for materials ,
services , or facilities , except as may be necessary
for completion of such portion of the work already
substantially performed under the Contract.
E. 3 Terminate all orders and subcontracts to the extent
that they relate to the performance of the work
terminated by the notice of termination.
E. 4 Assign to GJTO all of the rights , title and interest
within the Contract. GJTO shall have the right, at
its discretion, to settle or pay any or all claims
arising out of the termination of this Contract.
E. 5 Settle all outstanding liabilities and all claims
arising out of such termination of orders and subcon-
tracts in accordance with the provisions of this
Contract .
E. 6 Transfer title of all Contract property to GJTO ( to
the extent that title has not already been trans-
ferred ) and deliver in the manner and at a time
specified by GJTO. _
E. 7 Take such action as may be necessary or as may be
directed , for the protection and preservation of the
property related to this Contract which is in the
possession of the Contractor and in which GJTO has or
may acquire an interest .
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F. After receipt of a notice of termination, the Contractor
receiving notice shall submit to GJTO its completed and
acceptable fiscal closeout package in the form and with
the certification prescribed by GJTO. Such closeout
package shall be submitted promptly, but in no event later
than two ( 2 ) months from the effective date of termina-
tion, unless one or more extensions in writing are granted
by GJTO.
G. The Contractor shall have the right to appeal any unilat-
eral determination to terminate in accordance with JTPA.
In any case, where GJTO has made a determination of the
amount due, GJTO shall pay the Contractor the following:
G.1 If there is no right of appeal hereunder or if no
timely appeal has been submitted, the amount so
determined by GJTO; or
G. 2 If an appeal has been submitted , the amount finally
determined on such appeal.
H. GJTO may, from time to time, under such terms and condi-
tioned as it may prescribe, make partial payments on
account against costs incurred by the Contractor in
connection with the terminated portion of the Contract
whenever , in the opinion of GJTO, the aggregate of such
payment shall be within the amount to which the Contractor
will be entitled hereunder .
IV. MANAGEMENT ACTIVITIES AND RECORD MAINTENANCE
A. In addition to any requirements imposed elsewhere in this
Contract, the Contractor shall ensure that sufficient ,
auditable and otherwise adequate records that will provide
accurate, current, separate and complete disclosure of the
status of the funds received under the Contract are
maintained for five ( 5 ) years or the completion and
resolution of an audit. Such records shall be sufficient
to allow the U.S . Department of Labor, firms conducting
audits of JTPA funds and GJTO to audit and monitor the
Contractor.
I
Accordingly, recipients/subrecipients shall maintain a
copy of the Participant Record which records any par-
ticipant ' s participation in the JTPA program, including
dates of entry, eligibility, participation and termination
and shall retain such records at least a minimum of five
years . The time necessary to resolve litigation, audit or
claim involving the grant or agreement covered by the
records , which was initiated prior to the end of the five-
year retention period does extend the retention period .
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B. The Contractor shall ensure that it will comply with the
provisions of GJTO' s Audit Policy and Procedures . If the
Contractor receives over Twenty-Five Thousand Dollars
( $25 , 000 ) of direct Federal financial assistance from GJTO
within the Contractor' s fiscal year, the Contractor shall
submit an audit report in accordance with the Single Audit
Act and OMB Circulars A-128 or A-133 , whichever is
applicable, to GJTO within 10 days of the Contractor ' s
receipt from its auditors , but no later than one year
after that fiscal year that was reported upon. The
Contractor shall establish an audit committee that engages
the independent auditor, determines the services to be
performed , reviews the progress of the audit and the final
audit findings, and intervenes in any disputes between
management and the independent auditors .
C. GJTO, the U.S . Department of Labor, GJTO' s auditors and
other representatives of GJTO shall, during business
hours , have access to inspect and copy books , records ,
memoranda, correspondence, personnel staffing records ,
independent audit workpapers and any other documents , and
shall be allowed to monitor and review through on-site
visits , all program activities , personnel staff, services
and programmatic and administrative practices , supported
with funds under this Contract to ensure compliance with
the terms of this Contract, and provisions of any subcon-
tracts funded in whole or in part through this Contract.
D. The Contractor shall review the findings of GJTO or
representatives and shall act promptly , as directed by
GJTO, to remedy deficiencies noted in such findings . If
corrective action is not taken and such deficiencies
persist, GJTO may terminate this Contract .
E. If corrective action requires repayment of JTPA funds
expended for unallowable purposes , stand-in costs may be
substituted for disallowed costs where : incurred during
the same program year, paid for with non-federal funds and
allowable under the same JTPA program title and cost
category as amounts disallowed . The availability . r use
of stand-in costs must be reported to GJTO.
•
'. In the event that GJTO determines that the recordkeeping
system of the Contractor does not comply with Federal
guidelines , financial accounting may be done by GJTO, or
an accounting firm or bank approved by GJTO. The cost to
GJTO of any work shall be deducted monthly from the funds
allocated to the Contractor .
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V. SUBCONTRACTING
The Contractor shall not subcontract the performance of any
part of its duties under this Contract except in accordance
with the terms of this Contract or with the prior written
consent of GJTO approving the subcontractor .
VI. PROPERTY MANAGEMENT
The Contractor shall comply with GJTO' s property management
procedures and all relevant JTPA letters . The Contractor
ensures that it will maintain proper inventory control over
all nonexpendable supplies and property purchased with JTPA
funds.
A. State and Local Governments
1. Expendable and Nonexpendable Supplies
a. If there is a residual inventory of unused expend-
able supplies exceeding $5 , 000 in total aggregate
fair market value upon termination or completion
of the award , and if the supplies are not needed
for any other federally sponsored programs or
projects , the grantee or subgrantee shall compen-
sate GJTO for its share .
b . Nonexpendable supplies with a unit acquisition
cost of $300 or more and a useful life of more
than one year must be tracked internally by the
Contractor from purchase through disposition.
2. Property
Property purchased with an acquisition cost of 55 , 000
or more per unit and with a useful life of more than
one year must be tracked internally by the Contractor
from purchase through disposition.
The Contractor must submit a Property Requisition and
Authorization Form (JTPA Letter # - ) to GJTO prior
to the purchase of any property as defined above .
Upon receipt of GJTO ' s written approval , the Contractor
may proceed with the purchase .
o Disposition of Property
Prior written approval and disposition instructions
from GJTO is needed before disposition of such
property may occur .
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3 . Title
Title to all nonexpendable supplies and property as
defined above and purchased by the Contractor shall be
retained by the Contractor.
B. Nonprofit and Higher Education Organizations
1. Expendable and Nonexpendable Supplies
If there is a residual inventory of unused expendable
supplies exceeding $1 , 000 in total aggregate fair
market value upon termination or completion of the
grant or other agreement, and the property is not
• needed for any other federally sponsored project or
program, the recipient shall retain the supplies for
use on nonfederally sponsored activities , or sell it,
but must in either case, compensate GJTO for its share.
•
2. Property
Property with a unit acquisition cost of $300 or more
and a useful life of more than one year must be tracked
internally by the Contractor from purchase through
disposition.
The Contractor must submit a Property Requisition and
Authorization Form (JTPA Letter # - ) to GJTO
prior to the purchase of any nonexpendable property as
defined above.
Upon receipt of GJTO ' s written approval , the Contractor
may proceed with the purchase .
O Disposition of Property
Prior to disposition, written approval and disposition
instructions from GJTO are needed before disposition
of property, with a unit acquisition cost of $1 , 000 or
more, may occur .
3 . Title
Title to all nonexpendable supplies and property shall
be retained by the Contractor .
C. Commercial Organizations
1 . Property
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The Contractor must submit a Property Requisition and
Authorization Form (JTPA Letter # - ) to GJTO
prior to the purchase of any property with a unit
acquisition cost of $300 or more and a useful life of
more than one year.
Upon receipt of GJTO' s written approval , the Contractor
may proceed with the purchase .
a Disposition of Property
Prior to written. approval and disposition instructions
from GJTO is needed before disposition of such
property may occur.
3 . Title
Title to all property purchased by a Commercial
Organization shall be retained by GJTO.
VII. ASSIGNMENT
The Contractor shall not assign this Contract to third
parties without the prior written consent of GJTO approving
both the assignment and the assignee .
VIII.SEVERABILITY
To the extent that this Contract may be executed and perfor-
mance of the obligations of the parties may be accomplished
within the intent of the Contract, the terms of this Contract
are severable, and should any term or provision hereof be
declared invalid or become inoperative, such invalidity or
failure shall not affect the validity of any other term or
provision hereof. The waiver of any breach of a term hereof
shall not be construed as a waiver of any other term.
IX. CHANGES IN STATEMENT OF WORK
a
A. Modification by Operation of Law
This Contract is subject to such modification as may be
required by changes in federal or state law or regula-
tions . Any such required modification shall be incorpo-
rated into and be part of this Contract as if fully set
forth herein.
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B. Programmatic Modifications
The Contractor shall follow the revision procedures set
forth by GJTO.
B.1 The Contractor must submit a written request to GJTO
and obtain prior written approval for changes to the
Statement of Work, the objective of the Contract , or
dollar amount changes in Cost Categories .
B.2 In addition to the foregoing procedure, prior approval
for such changes must be authorized by the State in an
amendment to this Contract properly executed and
approved in accordance with applicable law under the
following circumstances :
B. 2 .a When an increase or decrease of Contract total
is desired; and
B. 2 .b When the Statement of Work or the objective of
the Contract changes substantially, as deter-
mined by GJTO.
Under such circumstances , GJTO ' s approval is not
binding until the Contract amendment is executed .
X. PROGRAM INCOME
If program income is generated under this Contract , an
agreement providing for the use of such income subsequent to
termination of this Contract is required , prior to the
expenditure of such funds .
XI. INTEGRATION OF UNDERSTANDINGS
This agreement is intended as the complete integration of all
' understandings between the parties . No prior or current
addition, deletion, or other amendment shall have any force
or effect whatsoever, unless embodied herein in writing . No
subsequent novation, renewal , addition, deletion, or other
amendment hereto shall have any force or effect unless
embodied i2 a writing that is executed and approved pursuant
to the State Fiscal Rules and other applicable statutes and
regulations .
XII . ASSURANCES s
A. The Contractor assures that it will fully comply with the
JTPA, regulations promulgated , and all other applicable
federal and state laws , rules and regulations .
N\U\S\N\GENPRo.BOI Page 16 of 25
930435
B. The Contractor assures that in operating programs funded
under the Act, it agrees to comply with all GJTO issuances
and directives , such as JTPA letters .
C. The Contractor assures that it will administer its
programs under the JTPA in full compliance with safeguards
against fraud and abuse as set forth in JTPA and the JTPA
regulations .
D. The Contractor agrees to abide by the provisions of
Section 144 of the JTPA which concerns grievance proce-
dures . Further, the Contractor agrees to follow Federal
Regulations governing grievance resolution of all com-
plaints , including those based on disabilities , but
excluding complaints alleging discrimination. All
discrimination complaints except those based on disability
must be filed initially at the U.S . Directorate of Civil
Rights . Finally, the Contractor agrees to follow all
pertinent Governor' s policy issuances concerning grievance
procedures .
E. No funds provided under this Act shall be used or proposed
for use to encourage or induce the relocation, of an
establishment or part thereof, that results in a loss of
employment for any employee of such establishment at the
original location.
No funds provided under this Act shall be used for
customized or skill training, on-the-job training , or
company specific assessments of job applicants or employ-
ees , for any establishment or part thereof, that has
relocated , until 120 days after the date on which such
establishment commences operations at the new location, if
the relocation of such establishment or part thereof,
results in a loss of employment for any employee of such
establishment at the original location (JTPA Section
141 (c ) ) .
F. The Contractor assures and certifies that in administering
programs under JTPA:
F. 1 It will comply with the provisions of the Uniform
Relocation Assistance and Real Property Acquisition
Act of 1970 ( P . L. 91-646 ) which requires fair and
equitable treatment of persons displaced as a result
of Federal and Federally-assisted programs .
F.2 It will comply with the provisions of the Hatch Act ,
where applicable, which limit the political activity
of certain State and local government employees .
H\U\S\H\GENPRO.SOI Page 17 of 25
9;10435
F. 3 For grant, subgrants , contract, and subcontracts in
excess of One Hundred Thousand Dollars ( $100 ,000 ) , or
where the grant officer has determined that orders
under an indefinite quantity contract or subcontract
in any year will exceed One Hundred Thousand Dollars
( $100 , 000 ) , or if a facility to be used has been the
subject of a conviction under the Clean Air Act ( 42
U.S .C. 1857-8 ) (c) ( 1 ) or the Federal Water Pollution
Control Act ( 33 U.S .C. 1319 [C] ) and is listed by the
Environmental Protection Agency (EPA) or is not oth-
erwise exempt, the grantee assures that:
F. 3 .a No facility to be utilized in the performance
of the proposed grant has been listed on the
EPA list of Violating Facilities;
F. 3 .b It will notify the Regional Administrator,
prior to award, of the receipt of any communi-
cation from the Directors, Office of Federal
Activities , U.S . EPA, indicating that a facili-
ty to be utilized for the grant is under con-
sideration to be listed on the EPA list of
violating Facilities ; and
F. 3 .c It will include substantially this assurance,
including this third part , in every non-exempt
subgrant, contract or subcontract .
F.4 It will comply with appropriate labor standards as set
forth in Section 143 of the JTPA ( 20 CFR 627 . 603 and
627 . 604 ) ;
F.5 All grievances concerning the conduct of the Con-
tractor shall follow the grievance procedures set
forth in 20 CFR 627 . 500 et seq;
F.6 It will comply with the Child Labor laws ;
F.7 It will comply with the Safety Standards of Occupa-
tional Safety and Health Act (OSHA) ;
F.8 It will comply with the Davis Bacon Act;
F.9 It will comply with the Wagner-Peyser Act;
F.10 It will comply with Part C of Title IV of the Social
Security Act;
F.11 It will comply with the Military Selective Services
Act;
H\U\5\H\OENPRO.BOI Page 18 of 25
930435
F.12 It will comply with Section 665 , Title 18 , United
States Codes;
F.13 It will comply with the Fair Labor Standards Act of
1938 ;
F.14 It will comply with the Colorado Revised Statutes
Section 18-8-301 C.R.S . , as amended (Bribery and
Corrupt Influence;
F.15 It will comply with Colorado Revised Statutes Sec-
tion 18-8-401-408 C.R.S . , as amended (Abuse of
Public Office ) ; and
F.16 It will comply with all state procurement regula-
tions where appropriate.
G. The Contractor assures that it will comply with bonding
and insurance requirements as follows :
•
G.1 The Contractor shall maintain JTPA funds in cash
depositories which have Federal Deposit Insurance
Corporation (FDIC) coverage. When the Contractor ' s
account balance exceeds the FDIC maximum coverage on
deposits , JTPA funds shall be collaterally secured on
a daily basis .
G.2 Upon written request to the Contractor being made by
the State, the Contractor shall maintain during the
life of the Contract Bodily Injury and Property Damage
Insurance, acceptable to the State covering the
services hereunder and all operations in connection
herewith, and whenever any of the services covered in
the Contract is to be subcontracted , the Contractor
shall obtain insurance coverage acceptable to the
State, such as Contractor ' s Contingent or Protective
Liability and Property Damage insurance to protect its
interest and those of the State , if any .
G. 3 Whenever the work covered by the Contract shall
involve the use of vehicular equipment, the Contractor
shall maintain during the life of the Contract,
Automotive Bodily Injury and Property Damage Insurance
for business use with limits not less than One Hundred
and Fifty Thousand Dollars ( $150 , 000 ) personal
liability to any one person in any one accident , Four
Hundred Thousand Dollars ( $400 , 000 ) for an injury to
two or more persons in any single occurrence, and Four
Hundred Thousand ( 5400 , 000 ) for property damage to
protect the Contractor from any and all claims arising
from the use of the following in the execution of the
services included in the Contract :
H\U\S\H\GENPRG.SGI Page 19 of 25
930435
G. 3 . a Contractor ' s own vehicles;
G. 3 . b Hired vehicles;
G. 3 .c vehicles not owned by the Contractors ; and
G. 3 .d The State shall not be in the policy as a named
insured .
G.4 Upon written request to the Contractor being made by
the State, the Contractor shall maintain during the
life of this Contract; Physical Damage or Loss
Insurance protecting against loss caused by the perils
of fire, smoke, theft, burglary, vandalism, and storm
acceptable to the State, covering the services
hereunder and all operations, equipment and materials
furnished or used in connection therewith. The cash
bond in an amount to be determined by the State may be
given to meet this requirement as regards State
property .
G.5 Excepting the Insurance required by Paragraph G. 2
above , one certified copy of the foregoing policies
and three copies of a certificate evidencing the
existence thereof shall be delivered to the State
within twenty ( 20 ) days of such written request being
made by the State . Certified copies of the policies
required by said Paragraph G. 2 and three copies of the
certificate evidencing the existence thereof shall be
delivered to the State before use of vehicular
equipment is undertaken, as described in said Para-
graph G. 2 . Each copy and certificate must bear the
following special endorsement by the agent of the
proposed insurance carrier;
"This policy shall not be altered , materially changed
or canceled without giving 15 days prior written
notice , by certified mail , to GJTO . "
G. 6 A valid receipt showing payment or obligation for the
payment of the premium for all such insurance,
, ccepting the insurance required by said Paragraph
G. 2 , shall be submitted to the State by the Contractor
when it provides the insurance documentation to the
State for acknowledgement of receipt and adequacy by
the proper State officials . Receipts showing payment
or obligat}on, for the payment of premium for the in-
surance required by said Paragraph G. 2 shall be
submitted to the State with the policies and cer-
tificated to which the receipts refer before use of
the vehicular equipment involved is undertaken by the
Contractor .
H\U\S\H\GENPRG.SGI Page 20 of 25
930435
H. The Contractor assures that it, and its subcon-
tractors , shall comply with the Workmen' s Compen-
sation Act of Colorado and shall provide compensa-
tion insurance to protect the Contractor, its
subcontractors and the State from and against any
and all Worker ' s Compensation claims arising from
performance of services under the Contract . The
State shall be furnished , prior to any service
hereunder being undertaken by the Contractor,
three copies of the certificate or certificates
evidencing such insurance to be in effect .
I. The Contractor assures that prior to the initial
disbursement of funds to the Contractor it shall ensure
that every officer, director , agent , or employee
authorized to act on behalf of the Contractor in
receiving or depositing funds into program accounts ; or
in issuing financial documents , checks , or other
instruments of payment for program costs shall obtain
a fidelity bond to provide protection against loss .
The coverage shall be equal to Twenty-five Percent
( 25% ) of the Contract amount received from GJTO.
If the fidelity bond of any employee of the Contractor
is canceled or coverage is substantially reduced , the
Contractor shall notify GJTO and GJTO shall not
disburse any funds thereafter until GJTO receives and
acknowledges assurance from the Contractor that
adequate insurance coverage has been obtained .
J. The Contractor assures that every reasonable course of
action will be taken by the Contractor to maintain the
integrity of this expenditure of public funds and to
avoid any favoritism or questionable or improper
conduct. The contract will be administered in an
impartial manner, free from personal financial , or
political gain. The Contractor, its executive staff
and employees , in administering this Contract , will
avoid situations which give rise to a suggestion that
any decision was influenced by prejudice, bias ,
special interest, or personal gain .
K. The Contractor assures and certifies that it and its
principles :
K.1 Are not presently debarred , suspended , proposed
for debarment , declared ineligible , or voluntarily
excluded from covered transactions by any federal
department or agency;
H\U\S\H\GENPRG.BGI Page 21 of 25
930435
K.2 Have not, within a three-year period preceding
this Contract, been convicted of or had a civil
judgement rendered against them for commission of
fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a
public ( federal , state or local) transaction or
contract under a public transaction; violation of
federal or state antitrust statutes or commission
of embezzlement, theft, forgery, bribery, falsi-
fication or destruction of records , making false
statements , or receiving stolen property;
K. 3 Are not presently indicted for or otherwise crimi-
nally or civilly charged by a government entity
( federal, state or local) with commission of any
offenses enumerated in paragraph (K . 2 ) of this
certification; and
K.4 Have not within a three-year period preceding this
Contact, had one or more public transactions
( federal , state, or local) terminated for cause or
default.
Where the Contractor is unable to certify to any of
the statements in this certification, such Contractor
shall attach an explanation to this proposal .
L. The Contractor certifies that pursuant to the Drug Free
Work Place of 1988 , 45 CFR Part 76 , Subpart F, the
Contractor will provide a drug-free workplace.
M. The Contractor certifies that it will comply with 49
CFR, Part 20 , and JTPA Letter #90-12 , Lobbying Certifi-
cation.
N. To the extent authorized by law, the contractor shall
indemnify, save and hold harmless the State, its
employees and agents , against any and all claims ,
damages , liability and court awards including costs ,
expenses , and attorney fees incurred as a result of any
act or omission by the contractor, or its employees ,
agents , subcontractors , or assignees pursuant to the
terms of this contract .
O. No funds available under this Act shall be used for
employment generating activities , economic development
activities , investment in revolving loan .funds ,
capitalization of businesses , investment in contract
bidding resource centers, and similar activities . No
funds under title II or III of this Act shall be used
for foreign travel . (JTPA, 5141 (q) .
H\U\S\H\GENPRO.BOI Page 22 of 25
930435
P. As a condition to the award of financial assistance
under JTPA from the Department of Labor, the grant
applicant assures , with respect to operation of the
JTPA-funded program or activity, and all agreements or
arrangements to carry out the JTPA-funded program or
activity, that it will comply fully with the nondis-
crimination and equal opportunity provisions of the Job
Training Partnership Act of 1982 , as amended (JTPA) ,
including the Nontraditional Employment for women Act
of 1991 ; title VI of the Civil Rights Act of 1964 , as
amended; section 504 of the Rehabilitation Act of 1973 ,
as amended; the Age Discrimination Act of 1975 , as
amended; title IX of the Education Amendments of 1972,
as amended; and with all applicable requirements
imposed by or pursuant to regulations implementing
those laws, including but not limited to 29 CFR part
34 . The United States has the right to seek judicial
enforcement of this assurance.
Q. Contractors and subcontractors of GJTO, SDAs, the sub-
state grantees (SSG) and their subgrantees , contractors
and other subrecipients are expressly prohibited from
the exclusivity of patents , copyrights or trademarks on
material that has been developed with the use of
federal or state funds . Such material is considered by
GJTO to be in the public domain.
N\U\S\H\OENPNO.BOI Page 23 of 25
930435
•
Fenn&AC-02B
SPECIAL PROVISIONS
CONTROLLER'S APPROVAL
1.This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate.This
provision is applicable to any contract involving the payment of money by the State.
FUND AVAILABILITY
-2.Financial obligations of the State payable after the fiscal year are contingent upon funds for that purpose being appropriated,budgeted and otherwise made
available.
BOND REQUIREMENT
3.If this contract involved the payment of more than fifty thousand dollars for the construction,erection,repair,maintenance,or improvement of any building,road.
bridge,viaduct,tunnel,excavation or other public works for this State,the contractor shall,before entering the performance of any such work included in this contract,
duly execute and deliver to and file with the official whose signature appears below for the State,a good and sufficient bond or other acceptable surety to be approved
by said official in a penal sum not less than one-half of the total amount payable by the terms of this contract.Such bond shall be duly execute by a qualified corporate
surety,conditioned for the due and faithful performance of the contract,and in addition,shall provide that if the contractor or his subcontractors fail to duly pay for any
labor,materials,team hire,sustenance,provisions,provendor or other supplies used or consumed by such contractor or his subcontractor in performance of the work
contracted to be done,the surety will pay the same in an amount not exceeding the sum specified in the bond,together with interest at the rate of eight per cent per
annum.Unless such bond,when so required,is executed.delivered and filed,no claim in favor of the contractor arising under this contract shall be audited,allowed or
paid.A certified or cashier's check or a bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond.This provision is in
compliance with 38-26-106 CRS,as amended.
INDEMNIFICATION
4.To the extent authorized by law,the contractor shall indemnify,save and hold harmless the State.its employees and agents,against any and all claims,damages,
liability and court awards including costs.expenses.and attorney fees incurred as a result of any act or omission by the contractor,or its employees,agents,subcontractors,
or assignees pursuant to the terms of this contract.
DISCRIMINATION AND AFFIRMATIVE ACTION
5.The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957,as amended,and other applicable law respecting
discrimination and unfair employment practices(24-34-402.CRS 1988 Replacement Vol.),and as required by Executive Order,Equal Opportunity and Affirmative
Action,dated April 16,1975.Pursuant thereto,the following provisions shall be contained in all State contracts or sub-contracts.
During the performance of this contract,the contractor agrees as follows:
(1)The contractor will not discriminate against any employee or applicant for employment because of race,creed,color,national origin,sex,marital status,religion,
ancestry,mental or physical handicap,or age.The contractor will take affirmative action to insure that applicants are employed,and that employees are treated
during employment,without regard to the above mentioned characteristics.Such action shall include,but not be limited to the following:employment,upgrading,
demotion,or transfer,recruitment or recruitment advertising; lay-offs or terminations;rates of pay or other forms of compensation; and selection for training,
including apprenticeship.the contractor agrees to post in conspicuous places.available to employees and applicants for employment.
2)The contractor will.in all solicitations or advertisements for employees placed by or on behalf of the contractor,state that all qualified applicants will receive
consideration for employment without regard to race,creed,color,national origin.sex,marital status,religion,ancestry,mental or physical handicap,or age.
(3)The contractor will send to each labor union or representative of workers with which he has collective bargaining agreements or other contract or understanding,
notice to be provided by the contracting officer,advertising the labor union or workers'representative of the contractor's commitment under the Executive Order,
Equal Opportunity and Affirmative Action,dated April 16, 1975,and of the rules,regulations,and relevant Orders of the Governor.
(4)The contractor and labor unions will furnish all information and reports required by Executive Order.Equal Opportunity and Affirmative Action of April 16,
1975.and by the rules,regulations and Orders of the Governor,or pursuant thereto,and will permit access to his books.records,and accounts by the contracting
agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules,regulations and orders.
• (5)A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organizations,or expel any such individual
from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity,because of handicap,race,creed,
color,sex,age,national origin,or ancestry.(24-34-402(1)(c))
(6)A labor organization,or the employees or members thereof will not aid, abet, incite,compel or coerce the doing of any act defined in this contract to be
discriminatory or obstruct any person from complying with the provisions of this contract or any order issued thereunder,or attempt either directly or indirectly,to
commit any act defined in this contract to be discriminatory.(24-34--402(l)(e))
Page 24 of 25
Revised 5/91
395.53.01.1022
920425
Form 6-AC-02C
(7)In the event of the contractor's non-compliance with the non-discrimination clauses of this contractor or with any of such rules,regulations,or orders,this contract
may be cancelled,terminated or suspended in whole or in part and the contractor may be declared ineligible for further State contracts in accordance with procedures,
authorized in Executive Order.Equal Opportunity and Affirmative Action of April 16,1975 and the rules,regulations,or orders promulgated in accordance therewith,
and such others sanctions as may be imposed and remedies as may be invoked as provided in Executive Order.Equal Opportunity and Affirmative Action of April 16,
1975 or by rules,regulations,or orders promulgated in accordance therewith,or as otherwise provided by law.
(8)The contractor will include the provisions of paragraph(I)through(8)in every sub-contract, subcontractor and purchase order,pursuant to Executive Order,
Equal Opportunity and Affirmative Action of April 16,1975.so that such provisions will be binding upon each subcontractor or vendor.The contractor will take such •
action with respect to any sub-contracting or purchase order as the contracting agency may direct,as a means of enforcing such provisions,including sanctions for
non-compliance:provided,however,that in the event the contractor becomes involved in,or is threatened with,litigation with the subcontractor or vendor as a result
of such direction by the contracting agency,the contractor may request the State of Colorado to enter into such litigation to protect the interest of the State of Colorado.
COLORADO LABOR PREFERENCE
6a Provisions of 8-17-101 & 102.CRS for preference of Colorado labor are applicable to this contract if public works within the State are undertaken hereunder
and are financed in whole or in part by State funds.
b.When construction contract for a public project is to be awarded to a bidder,a resident biddershall be allowed a preference against a non-resident bidder from a
state or foreign country equal to the preference given or required by the state or foreign country in which the non-resident bidder is a resident.If it is determined by the
• officer responsible for awarding the bid that compliance with this subsection.06 may cause denial of federal funds which would otherwise be available or would otherwise
be inconsistent with requirements of federal law,this subsection shall be suspended,but only to the extent necessary to prevent denial of the moneys or to eliminate the
inconsistency with federal requirements(section 8-19.102,CRS).
GENERAL
7.The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation,execution and enforcement of this contract.
Any provision of this contract whether or not incorporated herein by reference which provides for arbitration by any extra-judicial body or person or which is otherwise
in conflict with said laws,rules and regulations shall be considered null and void.Nothing contained in any provision incorporated herein by reference which purports
to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint,defense or
otherwise.Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the contract is
capable of execution.
8.At all times during the performance of this Contract,the Contractor shall strictly adhere to all applicable federal and state laws,rules and regulations that have
been or may hereafter be established. •
•
9.The signatories hereto aver that they are familiar with 18-8-301,et seq.,(Bribery and Corrupt Influences)and 18-8-401,et.seq.,(Abuse of Public Office),CRS
1986 Replacement Vol.,and that no violation of such provisions is present.
10.The signatories aver that to their knowledge,no state employee has a personal or beneficial interest whatsoever in the service or property described herein:
IN WITNESS WHEREOF,the parties hereto have executed this Contract on the day first above written.
Contractor:
Weld County, Colorado STATE OF COLORADO
(Full Legal Name) ROY ROMER,GOVERNOR
governmental e�t' By
/ •$ EXECUTIVE DIRECTOR
0 /19/93 Leslie S. Franklin
Chairman '
Position(Title) DEPARTMENT 84-60000813 . OF Governor's Job training Office
Sacial Secunry Number or Federal I.D.Number
(IfCorporation:1 if
777 .lfVL/�u
Attest(Sealy v •
•
By / ��
De uty mmcnnxce xoaaaae afa /at to Board
•
• APPROVALS
•
ATTORNEY GENERAL
CONTROLLER
By _ By
•
395-53-01-1030(Revised 501) paga5 which is the last or 25 pages
'See mmicimrn on reverse side.
930435
Attachment 1
DEFINITIONS
1. APPLICANT (an individual) - Person( s ) seeking Job Training
Partnership Act (JTPA) services who have filed a completed
application and for whom a formal eligibility determination
has been made.
2. CERTIFICATION Refers to the act of
1) attesting that the information provided by
each JTPA individual as stated on an applica-
tion form is true and correct;
2) Authorizing verification of this information;
3 ) stating penalties for falsification; and
4) certifying that grievance procedure has been
explained to the applicant . All applicants
must sign and date the application format the
point of eligibility determination. ( Lexicon
for the JTPA)
In the case of a minor ( except minors who are
heads of households ) , the signature of a
parent, cuardian, or other responsible adult
is required .
3 . CITIZENSHIP - All participants must be citizens or nationals
of the United States , lawfully admitted permanent resident
aliens, lawfully admitted refugees and parolees , or other
individuals authorized by the Attorney General to work in the
United States [Section 167 ( a) ( 5 ) 1 .
4. COMPLETION OF TRAINING - The participant has met or achieved
the minimum prescribed period of training, as described in the
training agreement in accordance with the Scone of work of
this Contract, and has attained the minimum level of perfor-
mance or skill associated with the training activity (GJTO) .
An activity is completed if the individual achieves the
activity' s goal .
S . CONTRACT - a formal legally binding agreement between two
principal departments of the State or one principal department
of the State and another party or an amendment to such
agreement.
A procurement instrument by which GJTO, a SDA grant recipient
or a subrecipient pays for property , services , supplies ,
materials or equipment.
,%d.ttn. Page 1 of 8
930435
6. CONTRACTC - Any person, corporat a, partnership, public
agency, oL other entity which enters into a contract with the
Governor ' s Job Training Office, an SDA grant recipient or a
subrecipient under the Act . One who contracts to do work for
another.
7. ECONOMICALLY DISADVANTAGED - The term "economically disadvan-
taged means an individual who :
(A) receives , or is a member of a family which receives, cash
welfare payments under a Federal, State or local welfare
program;
(B) has , or is a member of a family which has, received a
total family income for the six-month period prior to
application for the program involved ( exclusive of
unemployment compensation, child support payments , and
welfare payments ) which, in relation to family size, was
not in excess of the higher of
( i) the official poverty line (as defined by the Office
of management and Budget, and revised annually in
accordance with section 673 ( 2) of the Omnibus
Budget Reconciliation Act of 1981 ( 42 U.S .C.
9902 ( 2 ) ) , or
( ii ) 70 percent of the lower living standard income
level;
(C) is receiving (or has been determined within the 6-month
period prior to the application for the program involved
to be eligible to receive) food stamps pursuant to the
Food Stamp Act of 1977 ;
(D) qualifies as a homeless individual under subsections ( a)
and ( c) of section 103 of the Stewart B . McKinney
Homeless Assistance Act ( 42 U .S .C. Sec 11302) ;
(E) is a foster child on behalf of whom State or local
government payments are made;
This may include youth who have been made a ward of the
court, including those in the following categories :
Youth in state institutions
- youth in community group homes
- youth in Foster Homes
(F) in cases permitted by regulations of the Secretary, an
individual with a disability whose own income meets the
requirements of clause (A) or (B ) above, but who is a
member of a family whose income does not meet such
requirements . (JTPA §4 ( g) ) .
Mdefin. Page 2 of 8
9;10135
8. EMT YED - See Labor Force St. is
8A. Employment - Employment for 20 or more hours per week for
performance standards (JTPA §106 ( k ) ) .
9 . Initial Enrollment - Date of participation. The date on
which the individual began to receive JTPA-funded program
services after initial screening for eligibility and
suitability . Objective assessment to determine service
strategy of employment goals must occur on the date of
participation and is considered an initial program
service.
10. Family - Two or more persons related by blood , marriage,
or decree of court, who are living in a single residence,
and are included in one or more of the following catego-
ries :
A) A husband, wife, and dependent children.
B ) A parent or guardian and dependent children.
C) A husband and wife.
See GUARDIAN, DEPENDENT CHILDREN, and LIVING IN A SINGLE
RESIDENCE. (JTPA §4 ( 34 ) )
11 . FAMILY eNCOMI - Determining gross family income is one of
the most difficult tasks when determining and individ-
ual' s eligibility for JTPA. For the purpose of determin-
ing JTPA income eligibility, 20 CFR 626 .5 Definitions ,
Family income means "income^ as defined by the Department
of Health and Human Services in connection with the
annual poverty guidelines . Section 4( 8 ) (B ) excludes
unemployment compensation, child support payments and
welfare payments from income. Therefore, while these
items appear as included income in the poverty guide-
lines , they are excluded from income for JTPA purposes.
Family income includes total annual cash receipts before
taxes from all sources , with the exceptions listed below.
INCLUDED AS INCOME
Money wages and salaries before any deductions .
Net receipts from nonfarm self-employment ( receipts
from a person' s own unincorporated business, pro-
fessional enterprise, or partnership after deduc-
tions for business expense) .
Net receipts from farm self-employment ( receipts
from a farm which one operates as an owner, renter,
or sharecropper, after deductions for farm operat-
ing expenses ).
s1ddine Page 3 of 8
90435
legular payments from s ial security, railroad
retirement, strike benefits from union funds,
worker' s compensation, veteran's payments, and
training stipends.
Alimony.
Military family allotments or other regular support
from an absent family member or someone not living
in the household.
Pensions whether private, government employee
(including military retirement pay) .
Regular insurance or annuity payments.
College or university grants, fellowships, and
assistantships.
Dividends, interest, net rental income, net royal-
ties, periodic receipts from estates or trusts.
Net gambling or lottery winnings.
EXCLUSIONS FROM INCOME
Unemployment compensation
Child support payments
Welfare payments ( including AFDC, SSI, RCA, and GA)
Capital gains
Any assets drawn down as withdrawals from a bank,
the sale of property, a house or a car
Tax refunds, gifts , loans, lump-sum inheritances,
one-time insurance payments, or compensation for
injury
Noncash benefits such as employer paid fringe
benefits, food or housing received in lieu of
wages , medicare, Medicaid, Food Stamps, school
meals, and housing assistance (Title II Eligibili-
ty TAG)
12. INDIVIDUAL WITH A DISABILITY
FOR ELIGIBILITY :
Those individuals evaluated and documented as being
mentally retarded , hard of hearing, deaf, speech im-
paired , blind , visually impaired , seriously emotionally
disturbed , orthopedically impaired , other health im-
skd.nn. Page 4 of 3
9a0435
paired , deaf-blind , multiple disabilities , or as having
a de' :opmental disability, chr is mental illness , major
mental illness , organic brain syndrome , specific learning
disabilities , who because of those impairments , need
special education and/or related employment and training
services .
Adapted from the Education of All Handicapped Children
Act (P .L. 94-142; Reg . 300 . 5 . a) .
FOR PERFORMANCE STANDARDS:
An individual who has a physical (motion, vision,
hearing) or mental (learning or developmental) impairment
which substantially limits one or more of such person' s
major life activities ; has a record of such an impair-
ment; or is regarded as having such an impairment.
NOTE: This definition will be used for performance
standards purposes , but is not required to be used for
program eligibility determination. (Federal Register,
vol. 57 , no . 219 )
The term "individuals with disabilities" means more than
one individual with a disability . (JT?A Sec. 4 ( 10 ) ( B) )
13. LABOR FORCE STATUS :
EMPLOYED
An employed individual is one who, during the 7 consecu-
tive days prior to application, did any work at all as a
paid employee, in his or her own business , profession or
farm, worked 15 hours or more as an unpaid worker in an
enterprise operated by a member of the family or is one
who was not working, but has a job or business from which
he or she was temporarily absent because of illness , bad
weather, vacation, labor-management dispute, or personal
reasons , whether or not paid by the employer for time
off, and whether or not seeking another job.
UNEMPLOYED
An unemployed individual is one who did not work during
the 7 consecutive days prior to application for a JTPA
program, who made specific efforts to find a job within
the past 4 weeks prior to application, and who was
available for work during the 7 consecutive days prior to
application. Also included as unemployed are those who
did not work, and
( a) were waiting to be called back to a job from which
they had been laid off, or
s%d•fin• Page 5 of 9
930435
( b ) were waiting to report to-a new wage or salary job
scheduled to start withi: 10 days .
NOT IN LABOR FORCE
A civilian 14 years of age or over who did not work
during the 7 consecutive days prior to application for a
JTPA program and is not classified as employed or
unemployed .
NUMBER OF WEEKS UNEMPLOYED DURING THE PRIOR 26 WEEKS
The number of weeks an individual was unemployed during
the 26 weeks immediately prior to eligibility determina-
tion ( refer to definitions above) . It does not matter if
the applicant was employed at the time of application.
(Federal Register, Vol. 57 , No. 219 )
14. (a) Offender - The Term "offender" means any adult or
juvenile who is or has been subject to any stage of
the criminal justice process for whom service under
the JTPA may be beneficial or who requires assis-
tance in overcoming artificial barriers to employ-
ment resulting from a record of arrest or convic-
tion (.:TPA, as amended) .
(b) Offender - Any adult or youth who requires assis-
tance in overcoming barriers to employment result-
ing from a record of arrest or conviction ( exclud-
ing_ misdemeanors ) . This definition may be subject
to change pending future regulations .
15 . OLDER INDIVIDUAL - An individual age 55 or older . JTPA
§204 (d ) ( 7 )
16 . PARTICIPANT - An individual who has been determined to be
eligible to participate in and who is receiving services
(except post-termination services authorized under
Sections 204(c) ( 4) and 264(d) (5) and follow-up services
authorized under section 253 (d) ) under a program autho-
rized by this act. JTPA Section 4 ( 37 )
17. PLACEMENT - The act of securing unsubsidized employment
for or by a participant , as a paid employee of a legally
authorized business , industry or enterprise including
non-profit organizations . Paid employee means one who is
carried cn the employer ' s payroll/personnel records , is
self-employed , is entered into a registered apprentice-
ship program or the Armed Forces , and is employed for 20
or more hours per week.
s%d.fy„. Page 6 of 9
900435
18 . SELr 'IVE SERVICE REGISTRANT - T- the applicant is a male
citi_ _n of the U .S . or other ma_; person residing in the
U.S . , who was born on or after January 1 , 1960 , and is
between the age of 18 and 26 , he must register . An
applicant who is not registered will be ineligible for
JTPA funded services until he has done so .
EDWAA DEFINITIONS,
19. CERTIFICATE OF CONTINUING ELIGIBILITY - EDWAA - A docu-
ment provided by a substate grantee to an eligible
dislocated worker verifying their status and authorizing
continuing eligi- bility for a period not to exceed 104
weeks .
20. ELIGIBLE DISLOCATED WORXER - an individual who :
(a) has been terminated or laid off or who has received
a notice of termination or layoff from employment,
is eligible for or has exhausted his/her entitle-
ment to unemployment compensation, and is unlikely
to return to his/her previous industry or occupa-
tion;
(b) has been terminated or has received notice of
termination of employment, as a result of any
permanent closure or any substantial layoff at a
plant , facility, or enterprise;
(c) is long-term unemployed and has limited opportuni-
ties for employment or reemployment in the same or
similar occupation in the area in which such indi-
viduals reside , including older individuals who may
have substantial barriers to employment by reason
of age;
(d) was self-employed ( including farmers and ranchers )
and is unemployed as a result of general economic
conditions in the community in which he/she resides
or because of natural disasters , subject to regula-
tions prescribed by the Secretary of Labor .
21. SELF EMPLOYED - Any professional , independent trades
person, or other business person who works for him/her-
self. Such a person may or may not be incorporated or in
a limited partnership . A family member who provides
professional services in the affected business of at
least 15 hours per week and receives a salary or wage
from the self-employed individual may also be considered
to be a self-employed individual .
22. SUBSTANTIAL LAYOFF - any reduction-in-force which is not
the result of a plant closing and which results in an
employment loss at a single site of employment during any
30-day period for :
sld.tin. Page 7 of 8
930435
( a) at least 33 percent of he employees ( excluding
employees regularly work4..4 less than 20 hours per
week) ; and
(b) at least 50 employees (excluding employees regular-
ly working less than 20 hours per week) ; or
(c) at least 500 employees (excluding employees regu-
larly working less than 20 hours per week) .
s%ddin. Page 8 of 8
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GOVERNOR'S JOB TRAINING
Marne Weld County Board of Commissioners
720 S. COLORADO BLVD-
(_e: Severe or :asarranc ;srcrasauon) SUITE 550
DENVER, CO. 80222
(ERA)
=_rand Name
(CNLY iF Casng 3ususns .,a
Fiscal Year End
Address P.O. Box 758
(To Save :Payments saes use Sone"
Ctv Greeley State Colorado vim" 80632
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Constance L. Harbert Chairman
Name (P^.nr or Type: Title (Pratt or -
Sicsa=re - Q� ��y�it � ��� Date 05/17/93 Tee:hone (3 0 313 5 6-4000
05/19/93
DO (%1 CT WRIT ?E_CW --7e r'tE
ACCT USE ONLY
Ag=cy _ _ _ 1099 ' N VEND Addition _ Clangs
Approves' jv Aron CatnaietM 3v Date
930435
mEmoRAnDun m
WIID€ Weld County Board of Commissioners
To Constance L. Harbert Date May 17, 1993
COLORADO From Walter J. Speckman, Human Resources Executive Director Ifia.(
Subject JTPA Master Contract
Enclosed for Board approval is the Master Contract between the Governor's Job
Training Office and the Weld County Division of Human Resources, through the
Board of Weld County Commissioners, to enable Weld County to operate various
programs and expend funds under the Job Training Partnership Act.
The Contract covers the period of July 1, 1993 through June 30, 1996. The
Contract covers various procedures, rules, and regulations for administration
of the programs.
If you have any questions, please telephone me at 353-3816.
930435
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